UNION OF INDIA Vs. MADAN SINGH PUNDIR

JUDGEMENT

(1.) Instant Regular Second Appeal under S.100 CPC, lays challenge to judgment and decree dated 31.5.2017 passed by learned District Judge, Sirmaur at Nahan, HP in Civil Appeal No. 53-CA/13 of 2016, affirming judgment and decree dated 25.9.2013 passed by learned Civil Judge (Junior Division), Sirmaur at Nahan, HP, in Civil Suit No. 73/1 of 2011, whereby suit for perpetual prohibitory injunction having been filed by respondent No.1-plaintiff (hereinafter, 'plaintiff') came to be partly decreed.

(2.) Precisely, the facts as emerge from the record are that the plaintiff filed a suit for perpetual prohibitory injunction against the appellant-defendant No.1 (hereafter, 'defendant') and proforma respondent No.2-defendant No.2, in the court of learned Civil Judge (Junior Division), Sirmaur at Nahan, Himachal Pradesh, averring therein that he is exclusive ownerin-possession of the land bearing Khewat/Khatauni No. 144/188, Khasra No. 1639/515, measuring 00-01-40 Hectares, situate in revenue estate Chhawani Shamsherpur, Pargana Pahar, Tehsil Nahan, District Sirmaur, Himachal Pradesh as incorporated in Jamabandi for the years 2006-07 (hereinafter, 'suit land'). Plaintiff further averred in the plaint that he purchased suit land vide registered sale deed dated 24.2.2006 from one Rashid Beg. Plaintiff averred that he alongwith other inhabitants of Shamsherpur Chhawani uses the PWD road, which passes through Army area and connects several villages. Plaintiff further averred that he intended to construct his residential house in the suit land and for that purpose, he had submitted a building plan for approval to the Municipal Council, Nahan as the suit land falls in Ward No. 12 of Nahan Town. Building plan was approved by Municipal Council, Nahan on 7.1.2010. Since no order on the applications filed by the plaintiff through his wife, dated 28.1.2011 and 21.3.2011, seeking therein permission to carry construction material to the suit land, was passed, plaintiff served the defendants with legal notice under S.80 CPC on 23.3.2011, but despite that no permission was granted to the plaintiff to carry construction material to the suit land.

(3.) Defendants, by way of written statement, claimed that the plaintiff is not the owner-in-possession of the suit land, rather, suit land belongs to Ministry of Defence, Government of India. Defendants further averred in the written statement that the Station Commander, Nahan, vide letter No. 1268/2/SHQ dated 9.2.2011 confirmed that the suit land is a military area. As per defendants, suit land is erstwhile Ex-state Forces land, which was transferred to Government of India, Ministry of Defence vide letter No. F.14(61)-49 dated 16.1.1950. Defendants claimed that the suit land is in possession of Ministry of Defence since May, 1954 and same was transferred to Government of India, Ministry of Defence, as per Art.295 of the Constitution of India. Defendants specifically denied the allegations of the plaintiff that any interference is being caused in the suit land by them.